Adverse possession -- Meaning of entry `Gair Marusi' in revenue record - Entry of gair marusi is made irrespective of fact as to whether occupier is tenant or not - Status of occupant can be determined on combined reading of all the entries in the jamabandi particularly the entry made in column of rent - In the instant case, entries in jamabandies in the column of rent..........
Foreigners Act, 1946, Section 13(2), 1 -- Shelter to foreigners - Accused gave shelter to Pakistan citizen - Person taking shelter claimed that he was an Indian Citizen - Witness as well as documentary evidence consisting of Card issued by Relief Department, ration Card, issued by gram sevak and revenue documents of agriculture land issued by Asstt. Settlement Officer..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Punjab Land Revenue Rules, 1909 -- Rr.15, 20 -- Appointment of Lambardar - Petitioner appointed Lambardar of Village by district Collector - Order of District Collector dittoed by Commissioner in appeal - However in revision, order of Collector and Commissioner set aside by Financial Commissioner on ground that petitioner was in unauthorized possession of Panchayat land -..........
Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 20 -- Appointment of Lambardar - Qualification of candidates - Held, personal influence, character, services rendered to State by himself or by family, service rendered to Community and Development programmes, are relevant consideration for appointment of Lambardar...........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 20 -- Appointment of Lambardar - Disqualification - Criminal complaint for offences falling within domain of Ss.323, 324 and 326 IPC filed against candidate - Proceedings terminated in compromise and candidate acquitted - Held, it will not disqualify candidate for..........
Punjab Land Revenue Act, 1887, Section 158 -- Mines and Minerals (Regulation and Development) Act, 1957, Punjab Minor Minerals Concession Rules, 1964 - Use of brick earth extracted from land of private land owners, by brick-kiln owners - Held, State is not vested with power to recover royalty from brick-kiln owners...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
